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Lucero v. Holbrook

2012 WY 152, 288 P.3d 1228 (2012)

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Lucero v. Holbrook

Wyoming Supreme Court
2012 WY 152, 288 P.3d 1228 (2012)

Facts

Nanette Holbrook (defendant) was driving away from her house when she realized she had forgotten her purse. Holbrook pulled back into her private driveway and left the car running and unlocked while she went inside for her purse. Holbrook did not see anyone suspicious in the area when she left her car. Three minutes later, Holbrook came out of her house and found her car missing. Holbrook called the police. The police located the car, which was being driven by Colbey Emms. Emms was high on methamphetamines and fled. Emms then collided with a vehicle driven by Katrina Lucero (plaintiff), seriously injuring her and her two young children (plaintiffs). Lucero and her children sued Holbrook in Wyoming state court, alleging that Holbrook’s negligence in leaving her keys in her unlocked car had caused the collision and personal injuries. Holbrook moved for summary judgment on the negligence claim. The trial court granted the motion and dismissed the lawsuit. Lucero and her children appealed to the Wyoming Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Voigt, J.)

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